```

[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30737-30744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11687]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0446; A-1-FRL-9901-93-Region 1]

Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Regulations Limiting Emissions of Volatile Organic 
Compounds and Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Massachusetts. These revisions consist of updates and amendments to 
existing air pollution control requirements for stationary sources of 
volatile organic compounds (VOCs) and nitrogen oxides (NOX). 
This action is being taken in accordance with the Clean Air Act.

DATES: This rule is effective on June 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2008-0446. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays. Copies of the documents 
relevant to this action are also available for public inspection during 
normal business hours, by appointment at the Division of Air Quality 
Control, Department of Environmental Protection, One Winter Street, 8th 
Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email mcconnell.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Additionally, the phrase ``the 
Commonwealth'' refers to the Commonwealth (or state) of Massachusetts. 
Organization of this document. The following outline is provided to aid 
in locating information in this preamble.

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 1, 2013 (78 FR 46552), EPA published a Notice of Proposed 
Rulemaking (NPR) proposing to approve updates and amendments to 
existing air pollution control requirements for stationary sources of 
volatile organic compounds (VOCs) and nitrogen oxides (NOX) 
contained in the Massachusetts State Implementation Plan (SIP). The 
proposed revisions were submitted by the Massachusetts Department of 
Environmental Protection to EPA on July 11, 2001, and September 14, 
2006. The July 11, 2001 submittal was supplemented with two additional 
submittals, one on August 9, 2001, and a second on January 18, 2002 
(collectively referred to herein as the July 11, 2001 submittal).
    The July 11, 2001 submittal includes revisions to Title 310 of the 
Code of Massachusetts Regulations (CMR), section 7.19, Reasonably 
Available Control Technology (RACT) for Sources of Nitrogen Oxides 
(NOX). The September 14, 2006 submittal includes revisions 
to 310 CMR 7.00, Definitions; 7.05, Fuels All Districts; 7.18, Volatile 
and Halogenated Organic Compounds; 7.19, RACT for Sources of 
NOX; and 7.24, Organic Material Storage and Distribution.
    In addition, we note that our August 1, 2013 NPR indicated we 
intended to take action on 310 CMR 7.18(8), Solvent Metal Degreasing, 
as submitted on September 14, 2006. However, in light of a June 1, 2010 
submittal by Massachusetts to EPA of an updated version of 310 CMR 
7.18(8), Massachusetts withdrew its SIP revision request relating to 
the September 14, 2006 version of section 7.18(8) by letter dated 
January 18, 2013. Furthermore, we approved the updated version of 
section 7.18(8) that Massachusetts submitted on June 1, 2010 within a 
final rule published in the Federal Register on September 9, 2013. See 
78 FR 54960.
    Our August 1, 2013 proposal indicated that the Commonwealth's SIP 
revision request included a request that the definitions of 81 
different terms be approved into the SIP. By letter dated August 8, 
2013, Massachusetts informed EPA that nine of the 81 definitions had 
been unintentionally included in the SIP revision request. Therefore, 
by the August 8, 2013 letter, Massachusetts withdrew its request that 
those nine definitions be approved into the SIP. The nine terms are as 
follows: ``Alter or alteration,'' ``Alternative fuel,'' ``Alternative 
fuel vehicle,'' ``Asbestos,'' ``Asbestos-containing material,'' 
``Construct or construction,'' ``Cooling tower,'' ``Friable asbestos 
containing material,'' and ``Non-road vehicle.'' Our final rule, 
therefore, will not incorporate these terms into the Massachusetts SIP. 
The other specific SIP revisions that were included in Massachusetts' 
submittals are explained in the NPR and are detailed in the description 
of amendments made to 40 CFR Part 52 described at the end of this final 
rule.

II. Response to Comments

    We received one comment letter on our proposal. The comments were 
submitted by Robert Ukeiley on behalf of the Sierra Club, by letter 
dated September 3, 2013. A summary of Sierra Club's comments and our 
response to each is provided below.
    Comment 1: Sierra Club notes that our proposed action was overdue, 
given that Massachusetts' submittals to EPA occurred as far back as 
2001. Sierra Club also commented that our delay should not be used as 
justification for approving emission limits that are no longer 
protective of public health. Additionally, Sierra Club commented that 
there was very little analysis provided by EPA in the NPR as to why EPA 
was proposing approval of Massachusetts' submittals.
    Response 1: We acknowledge that our action on these updates to 
regulations previously approved into the Commonwealth's SIP was 
delayed. However, we note that, with the exception of the updates we 
are taking final action on today, the majority of the provisions of the 
regulations in question (including the pollutant emissions rate limits 
contained within those regulations) have been part of the Massachusetts 
SIP for many years, with

[[Page 30738]]

most being approved in the 1990's. Our action today involves 
incorporating into the Massachusetts SIP minor amendments to previously 
approved NOX and VOC control requirements. Our original 
approval documents associated with these previously approved 
regulations contained a thorough analysis justifying our action for 
them. Consequently, we did not repeat our analysis in the NPR of the 
already-approved portions of the regulations in question. Rather, we 
provided in the NPR a brief summary of the changes being made 
commensurate with the nature of those relatively minor changes to the 
SIP as requested by Massachusetts. Our rationale for our previous 
approvals of the more substantive provisions of the Massachusetts SIP's 
NOX and VOC requirements can be found in the individual 
rulemaking actions for them, which are chronicled within 40 CFR 
52.1167.
    In addition, Massachusetts' NOX and VOC regulations were 
recently certified by Massachusetts, and approved by EPA, as 
representing RACT for the 1997 ozone standard. See final approval at 78 
FR 54960 (September 9, 2013) and the analysis included in our proposed 
approval at 78 FR 10583 (February 14, 2013). EPA did not receive any 
comments on the analysis presented in the proposed approval.
    Sierra Club's comments on our proposed action primarily concerned 
Massachusetts' NOX RACT regulation, 310 CMR 7.19. Table 1 
below provides a summary of the specific provisions of Massachusetts' 
NOX RACT regulation that were included in the July 11, 2001 
and September 14, 2006 SIP submittals and which we are taking action on 
today. Additionally, our response below to Sierra Club's second comment 
addresses Sierra Club's assertion that EPA should disapprove 310 CMR 
7.19(1)(c)(9) because it allows sources to comply with outdated 
emissions limits.
---------------------------------------------------------------------------

    \1\ ``AP-42, Compilation of Air Pollutant Emission Factors, 
Volume I: Stationary Point and Area Sources, Section 1.4 (EPA, 
January 1995).

                                   Table 1--Changes to 310 CMR 7.19, NOX RACT
----------------------------------------------------------------------------------------------------------------
        Citation within 310 CMR 7.19:                                Description of change
----------------------------------------------------------------------------------------------------------------
7.19(4)(b)(3)(d)............................  Existing cross reference to 310 CMR 7.02(2) updated to reference
                                               7.02(1), which contains the authority for Massachusetts to issue
                                               approvals establishing emission limits and/or restrictions.
7.19(4)(c)(2)...............................  Added the phrase ``or NOX ERCs'' to this provision to clarify that
                                               the use of NOX emission reduction credits (ERCs) is an option for
                                               sources seeking to comply via the alternative NOX RACT provision
                                               of 7.19(4)(c). The use of NOX ERCs as one alternative compliance
                                               option had already been approved into the SIP at 7.19(2)(g). See
                                               61 FR 41338 (August 8, 1996).
7.19(4)(c)(f) and 7.19(5)(d)................  The following sentence was added to both sections:
                                               ``Notwithstanding this CO emission standard, the Department may
                                               approve a higher CO emission standard for a medium-size boiler as
                                               part of the emission control plan if the facility demonstrates
                                               that combustion conditions will not significantly deteriorate
                                               with the higher CO emission standard.''
                                              Explanation: Measurement of CO (carbon monoxide) is often used to
                                               monitor combustion efficiency, as higher CO levels can indicate a
                                               degradation of performance. Both 7.19(4)(c)(f) and 7.19(5)(d)
                                               contain CO exhaust concentration limits of 200 parts per million.
                                               In certain circumstances, adding NOX air pollution control
                                               equipment can lead to an increase in CO emissions.\1\ Given that
                                               Massachusetts has no CO nonattainment areas, allowing the state
                                               the discretion to exceed the CO limit is acceptable in instances
                                               where a source demonstrates that it is necessary to properly
                                               control NOX.
7.19(13)(a)(6)..............................  Existing incorrect cross reference to stack testing provisions is
                                               corrected from 310 CMR 7.19(13)(d) to properly reference 310 CMR
                                               7.19(13)(c).
7.19(13)(c)(1)..............................  Removed the word ``written'' from before the phrase ``Department
                                               approval,'' allowing the state to authorize pretest stack testing
                                               protocols without needing to do so in writing. Pursuant to
                                               7.19(13)(c)(6), the Department must still approve, in writing,
                                               emission test reports.
Numerous locations..........................  Throughout 7.19, the word ``million'' is replaced with numeric
                                               1,000,000.
----------------------------------------------------------------------------------------------------------------

    Comment 2: Sierra Club comments that EPA should disapprove the 
provision codified at 310 CMR 7.19(1)(c)(9), which provides for an 
exemption from the NOX RACT requirements of section 7.19 for 
stationary sources that obtain a plan approval (or permit) that imposes 
a requirement to meet a level of control constituting best available 
control technology (BACT) or lowest achievable emission rate (LAER). 
Sierra Club contends that because reasonably available control 
technology (RACT) advances over time as technology advances, the 
provision in question denies the public the benefit of such advances in 
technology by allowing sources to rely on outdated control technology, 
e.g., by allowing sources to rely on technology that may have 
constituted LAER or BACT decades ago and is not as stringent as 
NOX RACT today.
    Sierra Club also commented that EPA must disapprove the provisions 
codified at section 310 CMR 7.19(2)(b)14 and 7.19(2)(g) pertaining to 
the use of emission reduction credits and interstate emission trading 
programs to meet RACT requirements. Sierra Club asserts that RACT is a 
source specific emission limit and therefore cannot be met by buying 
emission reduction credits from another facility. Sierra Club further 
asserts that ``EPA's attempt to allow interstate trading programs to 
qualify as RACT has been rejected by the DC Circuit.''
    Response 2: EPA disagrees with Sierra Club's interpretation of 310 
CMR 7.19(1)(c)(9). Sierra Club asserts that this requirement, ``appears 
to exempt pollution emission sources from RACT if they obtained a plan 
approval that includes BACT and LAER which was as stringent as RACT at 
the time BACT or LAER was approved.'' The provision in question does 
not, as Sierra Club's comment suggests, relieve a source from meeting 
an emission rate that is equivalent to RACT, and, in fact, provides 
that a source must meet an emission rate at least as stringent as RACT 
pursuant to the source's obligation to meet BACT or LAER emissions 
rates under a plan approval (or permit) issued by the Commonwealth. The 
provision only provides that the source would not be subject to the 
specific detailed requirements of 310 CMR 7.19, and does so because a 
qualifying source would

[[Page 30739]]

necessarily be subject to a requirement to meet an emission rate that 
is at least as stringent. That is accomplished by the language of 
7.19(1)(c)(9) requiring that the BACT or LAER emission rate in the 
relevant plan approval ``be no less stringent than RACT.'' When 
implementing this provision, Massachusetts must first determine what 
its NOX RACT regulation requires of the source being 
evaluated, and then confirm that the BACT or LAER requirement contained 
in the source's plan approval (or permit) is ``no less stringent than 
RACT.'' In practice, sources to which this provision would apply are 
typically subject to more stringent (as opposed to equivalent) 
emissions rates pursuant to a BACT or LAER requirement; both BACT and 
LAER require, in almost all cases, a more stringent (as opposed to 
equivalent) level of emissions control than RACT. With respect to BACT, 
this fact is noted within EPA's May 18, 2006 guidance memorandum from 
William T. Harnett to EPA's Regional Air Division Directors, entitled 
``RACT Qs and As--Reasonably Available Control Technology (RACT): 
Questions and Answers,'' which contains the following:

    BACT requires that new or modified sources adopt the best 
available controls and, as such, the analysis is a ``top-down'' 
analysis that first looks at the most stringent level of control 
available for a source. Industries applying for a construction 
permit list in their application what are the currently most 
stringent levels of control. The State verifies this by checking the 
application against other data sources including EPA's RACT/BACT 
Clearinghouse. RACT requires that sources adopt controls that are 
reasonably available and thus they may not be the most stringent 
controls that have been adopted for other similar sources.''

    Similarly, 40 CFR 51.165(a)(1)(xiii) provides that a LAER level of 
control also inherently is more stringent than RACT.
    Additionally, EPA's implementation rule for the 1997 8-hour ozone 
standard (70 FR 71653, November 29, 2005) notes that states may use 
information from prior BACT or LAER analyses for purposes of showing 
that a source is meeting RACT requirements.
    With respect to Sierra Club's assertion that the provision in 
question would allow a source to meet a level of control that is 
outdated, potentially by decades, we do not believe that could happen 
for the following reason. The most current NOX RACT 
obligation that applies to Massachusetts under the Clean Air Act (CAA) 
relates to the 1997 ozone standard. EPA has approved the Commonwealth's 
NOX RACT certification for the 1997 ozone standard. See 
proposed rule at 78 FR 10583 (February 14, 2013) and final rule at 78 
FR 54960 (September 9, 2013). This means that Massachusetts has 
demonstrated that its current NOX RACT regulations meet the 
CAA's requirements for implementation of NOX RACT under the 
1997 ozone standard. The certification approved by EPA required 
Massachusetts to demonstrate that all sources subject to NOX 
RACT in Massachusetts are meeting NOX RACT under the 1997 
ozone standard. EPA has not yet promulgated in final form its 
implementation rule for the 2008 ozone standard and states are not yet 
required to submit SIP amendments in relation to NOX RACT 
for the 2008 standard.
    Furthermore, we note that EPA has previously approved provisions 
similar to Massachusetts 310 CMR 7.19(1)(c)(9) in other states' RACT 
regulations, e.g., Maine's VOC RACT regulations and Rhode Island's 
NOX RACT regulations.\2\
---------------------------------------------------------------------------

    \2\ See the Maine Department of Environmental Protection's 
Chapter 134 at section (1)(C)(2), and the Rhode Island Department of 
Environmental Management's Air Pollution Control Regulation Number 
27, at section 27.4.5, approved by EPA on April 18, 2000 (65 FR 
20749) and September 2, 1997 (62 FR 46202), respectively.
---------------------------------------------------------------------------

    Finally, as noted above, Sierra Club comments that EPA must 
disapprove the provisions at 310 CMR 7.19(2)(b)(14) and 310 CMR 
7.19(2)(g), which address emission reduction credits and interstate 
trading of emissions credits to comply with NOX RACT. These 
provisions are not at issue in this action. EPA approved both 310 CMR 
7.19(2)(b)(14) and 310 CMR 7.19(2)(g) into the Massachusetts SIP in 
1999 and 1996, respectively. See 64 FR 48095 (September 2, 1999) and 61 
FR 41335 (August 8, 1996). EPA's August 1, 2013 NPR did not propose to 
take any further action on these two provisions, nor is EPA taking 
action on these provisions through its action today. Consequently, 
Sierra Club's comment is not germane to this action and no further 
response is necessary.\3\
---------------------------------------------------------------------------

    \3\ Sierra Club's comment included the statement ``EPA's attempt 
to allow interstate trading programs to qualify as RACT has been 
rejected by the D.C. Circuit.'' The comment does not cite a D.C. 
Circuit opinion that would support Sierra Club's broad assertion.
---------------------------------------------------------------------------

    Comment 3: Sierra Club commented extensively on 310 CMR 7.19(4), 
NOX RACT for large boilers. Sierra Club's comments include 
an extensive review of the permitted emission limits for a number of 
coal fired power plants in Massachusetts. Sierra Club contends that EPA 
must disapprove the NOX RACT emission limits at 310 CMR 
7.19(4) for a number of reasons, including: (1) The Commonwealth's 
failure to provide an explanation or basis for how these emission 
limits were developed; (2) because the emissions limits are 
significantly too high and thus not effective at moving Massachusetts 
towards attainment of the ozone NAAQS; (3) the Commonwealth did not 
consider using selective catalytic reduction as a control technology; 
(4) the units of measure and averaging times associated with the 
NOX RACT limits are flawed; and (5) the Commonwealth did not 
consider the use of cleaner burning fuels.
    Response 3: The final action we are taking today, which was also 
described in our notice of proposed rulemaking (78 FR 46552; August 1, 
2013), involves revisions to a limited portion of the Massachusetts 
SIP, and consists of: (1) Various relatively minor amendments to 
regulations that EPA had already approved into the Massachusetts SIP in 
the past; and (2) the addition of certain definitions that help clarify 
the meaning of terms used in previously approved Massachusetts SIP 
provisions. None of the changes for which EPA proposed to take action, 
and on which EPA is taking final action today, includes the 
NOX RACT provisions for large boilers that Sierra Club 
objects to in its third comment. The NOX RACT requirements 
referenced by Sierra Club had earlier been approved by EPA into the 
Massachusetts SIP, 64 FR 48095 (September 2, 1999), and they were more 
recently certified by Massachusetts, and approved by EPA, as 
representing NOX RACT for the 1997 ozone standard. 78 FR 
54960 (September 9, 2013). The proposed rule approving Massachusetts' 
NOX RACT certification contains the relevant analysis. 78 FR 
10583 (February 14, 2013).
    Comment 4: Sierra Club commented on two of the definitions that 
Massachusetts seeks to incorporate into its SIP. Specifically, Sierra 
Club commented that the definition for ``federally enforceable'' should 
include ``enforceable by the Administrator and any person, as person is 
defined under the Clean Air Act.'' Additionally, Sierra Club commented 
that the definition of ``federal potential to emit'' should include 
``actual emissions or maximum capacity to emit.''
    Response 4: The definitions for ``federal potential to emit'' and 
``federally enforceable'' that Massachusetts has adopted and submitted 
to EPA for approval into the Commonwealth's SIP are consistent with 
EPA's definitions for these terms found at 40 CFR 51.166(b)(4) and 
(17), respectively. We therefore intend to

[[Page 30740]]

approve these two definitions into the Massachusetts SIP.
    With regard to the Massachusetts definition of ``federal potential 
to emit,'' we note that the definition we are approving already 
contains the words ``means the maximum capacity of a stationary source 
to emit.'' If Sierra Club's comment is intended to suggest that EPA 
require Massachusetts to add the words ``actual emissions,'' EPA 
responds as follows. First, the federal definition of that term does 
not include the words ``actual emissions.'' Second, a stationary 
source's ``maximum capacity'' to emit would, by definition, always be 
equal to or greater than its ``actual emissions.'' So, adding the words 
``actual emissions'' as requested by Sierra Club would not add anything 
substantive to that definition.
    With regard to the definition of ``federally enforceable,'' EPA 
notes that Massachusetts' definition of the term already contains the 
term ``Administrator.'' However, EPA's definition of ``federally 
enforceable'' does not contain the words ``and any person, as person is 
defined under the Clean Air Act.'' The definition in question on its 
face relates to those provisions of regulations, permits, etc. that are 
``federally'' enforceable. As such, a reference to the EPA 
Administrator's authority to enforce is appropriate. Further, the 
absence in the definition of the words ``and any person, as person is 
defined under the Clean Air Act'' has no adverse effect upon any 
person's right, pursuant to the CAA itself, to bring actions to enforce 
any provisions of regulations, permits, etc.
    Comment 5: The Sierra Club notes that Massachusetts withdrew a 
number of items contained within its July 11, 2001 and September 14, 
2006 submittals by letter dated January 18, 2013, and commented that 
EPA must clarify whether it is acting on the more current provisions 
noted within the withdrawal letter.
    Response 5: By this final rule we are approving the portions of 
Massachusetts' July 11, 2001 and September 14, 2006 submittals that 
were not withdrawn through the Commonwealth's January 18, 2013 
correspondence to EPA. As to NOX RACT, specifically, the 
provisions of 310 CMR 7.19 we are taking action on today are set forth 
clearly in Table I above. In addition, the information included within 
the docket for our proposed action contains detailed information 
regarding the specific provisions that Massachusetts withdrew pursuant 
to the January 18, 2013 letter. As to the July 11, 2001 and September 
14, 2006 submittals, EPA is not approving by today's action anything 
other than the provisions contained in those two submittals and which 
were not withdrawn by Massachusetts' January 18, 2013 letter. As noted 
in our notice of proposed rulemaking, our action includes certain 
additions and clarifications to sections of the Massachusetts SIP that 
had been previously approved into the Commonwealth's SIP.

III. Final Action

    EPA is taking final action to approve SIP revisions submitted by 
the Commonwealth of Massachusetts, which included revisions to the 
following sections of 310 CMR: 7.00, Definitions; 7.05, Fuels All 
Districts; 7.18, Volatile and Halogenated Organic Compounds; 7.19, RACT 
for Sources of Oxides of Nitrogen (NOX); and 7.24, Organic 
Material Storage and Distribution.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 28, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone,

[[Page 30741]]

Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 26, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Editorial Note: This document was received for publication by 
the Office of Federal Register on May 15, 2014.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart W--Massachusetts

0
2. Section 52.1120 is amended by adding paragraph (c)(141) to read as 
follows:

Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *
    (141) Revisions to the State Implementation Plan submitted to EPA 
by the Massachusetts Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; 
Legend; Preamble; Definitions,'' effective on August 3, 2001, the 
definition for compliance certification.
    (B) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; 
Legend; Preamble; Definitions,'' effective on September 23, 2005, the 
definitions for adhesion promoter, Administrator, anti-glare safety 
coating, aqueous cleaner, automotive refinishing facility, bakery, 
capture efficiency, CEMS, CFR, combined cycle combustion turbine, dry 
bottom, duct burner, elastomeric coating, emergency or standby engine, 
emission statement, energy input capacity, EPA, existing facility, face 
firing, facility, federally enforceable, federal potential to emit or 
federal potential emissions, ferrous cupola foundry, four-stage coating 
system, fuel cell, fugitive emissions, glass, glass melting furnace, 
halogenated organic compound, hardener, hazardous air pollutant (HAP), 
heat release rate, impact-resistant coating, lean burn engine, lowest 
achievable emission rate (LAER), malfunction, maximum achievable 
control technology, maximum design capacity, mobile equipment, MW, 
natural draft opening, nonattainment area, nonattainment review, non-
criteria pollutant, potential emissions or potential to emit, 
pretreatment wash primer, primer sealer, primer surfacer, reducer, 
simple cycle combustion turbine, single-stage topcoat, soap, specialty 
coating, stationary combustion turbine, stationary reciprocating 
internal combustion engine, stencil coating, stoker, surface 
preparation product, tangential firing, three-stage coating system, 
touch-up coating, two-stage topcoat, underbody coating, uniform finish 
blender.
    (C) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; 
Legend; Preamble; Definitions,'' effective on June 2, 2006, the 
definitions for water hold-out coating, weld-through primer, VOC 
composite partial pressure.
    (D) Massachusetts Regulation 310 CMR 7.05, ``U Fuels All 
Districts,'' paragraph (2), ``U Use of Residual Fuel Oil or Hazardous 
Waste Fuel,'' effective on September 23, 2005.
    (E) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and 
Halogenated Organic Compounds,'' effective on September 23, 2005, 
paragraph (1), ``U Applicability and Handling Requirements,'' 
subparagraphs (a) and (c) through (f); paragraph (2), ``U Compliance 
with Emission Limitations'' (as corrected in Massachusetts Register 
1037, October 21, 2005); paragraph (3), U Metal Furniture Coating, 
subparagraph (a); paragraph (4), U Metal Can Surface Coating, 
subparagraph (a); paragraph (11), ``U Surface Coating of Miscellaneous 
Metal Parts and Products,'' subparagraphs (a) through (d)(4.); 
paragraph (19), ``Synthetic Organic Chemical Manufacture,'' 
subparagraphs (h) and (i); paragraph (20), ``Emission Control Plans for 
Implementation of Reasonably Available Control Technology;'' paragraph 
(21), ``Surface Coating of Plastic Parts,'' subparagraphs (a) through 
(d) and (f) through (i); paragraph (22), ``Leather Surface Coating,'' 
subparagraphs (a) through (c); paragraph (23), ``Wood Products Surface 
Coating,'' subparagraphs (b) through (i); paragraph (24), ``Flat Wood 
Paneling Surface Coating,'' subparagraphs (a) through (c) and 
subparagraphs (h) and (i); paragraph (25), ``Offset Lithographic 
Printing,'' subparagraphs (a) through (c); paragraph (26), ``Textile 
Finishing,'' subparagraphs (c) through (i); paragraph (27), ``Coating 
Mixing Tanks;'' paragraph (28), ``Automotive Refinishing,'' and 
paragraph (29), ``Bakeries,'' subparagraph (c) 2.
    (F) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX),'' effective on August 3, 2001; paragraph (1), 
``Applicability,'' subparagraph (c) 9. (as corrected in Massachusetts 
Register 938, January 4, 2002); paragraph (4), ``Large Boilers,'' 
subparagraphs (b)3.d. (as corrected in Massachusetts Register 938, 
January 4, 2002), (c) 2., and (f); paragraph (5), ``Medium-size 
Boilers,'' subparagraph (d).
    (G) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX),'' paragraph (13), ``Testing, Monitoring, 
Recordkeeping, and Reporting Requirements,'' subparagraphs (a), 
``Applicability,'' and (c), ``Stack Testing'', effective September 23, 
2005.
    (H) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material 
Storage and Distribution,'' subparagraph (1), ``Organic Material 
Storage Tanks,'' effective September 23, 2005.
    (I) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material 
Storage and Distribution,'' subparagraph (4), ``Motor Vehicle Fuel Tank 
Trucks,'' effective June 2, 2006.

0
3. In Sec.  52.1167, Table 52.1167 is amended by:
0
a. Adding 3 new entries to existing state citations for 310 CMR 7.00 in 
order of ``Date submitted by state''.
0
b. Adding a new entry for 310 CMR 7.05(2) in alphanumeric order.
0
c. Adding a new entry for 310 CMR 7.18(1)(a), (c)-(f) in alphanumeric 
order.
0
d. Adding a new entry to the existing state citations for 310 CMR 
7.18(2) in order of ``Date submitted by state''.
0
e. Adding new entries for 310 CMR 7.18(3)(a), 7.18(4)(a), 7.18(11)(a)-
(d)4., and 7.18(19)(h), (i) in alphanumeric order.
0
f. Adding a new entry to the existing state citations for 310 CMR 
7.18(20) in order of ``Date submitted by state''.
0
g. Adding new entries for 310 CMR 7.18(21)(a) -(d), (f)-(i), 
7.18(22)(a)-(c), 7.18(23)(b)-(i), 7.18(24)(a)-(c), (h), (i), 
7.18(25)(a)-(c), and 7.18(26)(c)-(i) in alphanumeric order.
0
h. Adding new entries to the existing state citations for 310 CMR 
7.18(27) and 7.18(28) in order of ``Date submitted by state''.
0
i. Adding new entries for 310 CMR 7.18(29)(c)(2), 7.19(1)(c)(9), 
(4)(b)(3)d, (f), (5)d, 7.19(13)(a), (c), 7.24(1), and 7.24(4) in 
alphanumeric order.
    The additions read as follows:

Sec.  52.1167  EPA-approved Massachusetts State regulations.

* * * * *

[[Page 30742]]

                                                    Table 52.1167--EPA-Approved Rules and Regulations
                                                               [See Notes at end of Table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Date         Date
            State citation                   Title/subject        submitted   approved by      Federal Register      52.1120(c)    Comments/unapproved
                                                                   by State       EPA              citation                              sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
310 CMR 7.00.........................  Definitions.............       8/9/01      5/29/14  [Insert Federal                  141  Approved the definition
                                                                                            Register page number                  for compliance
                                                                                            where the document                    certification.
                                                                                            begins].
310 CMR 7.00.........................  Definitions.............      9/14/06      5/29/14  [Insert Federal                  141  Approving the following
                                                                                            Register page number                  definitions, effective
                                                                                            where the document                    9/23/05: adhesion
                                                                                            begins].                              promoter,
                                                                                                                                  Administrator, anti-
                                                                                                                                  glare safety coating,
                                                                                                                                  aqueous cleaner,
                                                                                                                                  automotive refinishing
                                                                                                                                  facility, bakery,
                                                                                                                                  capture efficiency,
                                                                                                                                  CEMS, CFR, combined
                                                                                                                                  cycle combustion
                                                                                                                                  turbine, dry bottom,
                                                                                                                                  duct burner,
                                                                                                                                  elastomeric coating,
                                                                                                                                  emergency or standby
                                                                                                                                  engine , emission
                                                                                                                                  statement, energy
                                                                                                                                  input capacity, EPA,
                                                                                                                                  existing facility,
                                                                                                                                  face firing, facility,
                                                                                                                                  federally enforceable,
                                                                                                                                  federal potential to
                                                                                                                                  emit or federal
                                                                                                                                  potential emissions,
                                                                                                                                  ferrous cupola
                                                                                                                                  foundry, four-stage
                                                                                                                                  coating system, fuel
                                                                                                                                  cell, fugitive
                                                                                                                                  emissions, glass,
                                                                                                                                  glass melting furnace,
                                                                                                                                  halogenated organic
                                                                                                                                  compound, hardener,
                                                                                                                                  hazardous air
                                                                                                                                  pollutant (HAP), heat
                                                                                                                                  release rate, impact
                                                                                                                                  resistant coating,
                                                                                                                                  lean burn engine,
                                                                                                                                  lowest achievable
                                                                                                                                  emission rate (LAER),
                                                                                                                                  malfunction, maximum
                                                                                                                                  achievable control
                                                                                                                                  technology, maximum
                                                                                                                                  design capacity,
                                                                                                                                  mobile equipment, MW,
                                                                                                                                  natural draft opening,
                                                                                                                                  nonattainment area,
                                                                                                                                  nonattainment review,
                                                                                                                                  non-criteria
                                                                                                                                  pollutant, potential
                                                                                                                                  emissions or potential
                                                                                                                                  to emit, pretreatment
                                                                                                                                  wash primer, primer
                                                                                                                                  sealer, primer
                                                                                                                                  surfacer, reducer,
                                                                                                                                  simple cycle
                                                                                                                                  combustion turbine,
                                                                                                                                  single-stage topcoat,
                                                                                                                                  soap, specialty
                                                                                                                                  coating, stationary
                                                                                                                                  combustion turbine,
                                                                                                                                  stationary
                                                                                                                                  reciprocating internal
                                                                                                                                  combustion engine,
                                                                                                                                  stencil coating,
                                                                                                                                  stoker, surface
                                                                                                                                  preparation product,
                                                                                                                                  tangential firing,
                                                                                                                                  three-stage coating
                                                                                                                                  system, touch-up
                                                                                                                                  coating, two-stage
                                                                                                                                  topcoat, underbody
                                                                                                                                  coating, uniform
                                                                                                                                  finish blender.
310 CMR 7.00.........................  Definitions.............      9/14/06      5/29/14  [Insert Federal                  141  Approving the following
                                                                                            Register page number                  amended or added
                                                                                            where the document                    definitions, effective
                                                                                            begins].                              6/2/06: water hold-out
                                                                                                                                  coating, weld-through
                                                                                                                                  primer, VOC composite
                                                                                                                                  partial pressure.
 
                                                                      * * * * * * *
310 CMR 7.05(2)......................  U Fuels All Districts; U      9/14/06      5/29/14  [Insert Federal                  141  Removed landfill gas
                                        Use of Residual Fuel                                Register page number                  from requirements of
                                        Oil or Hazardous Waste                              where the document                    section.
                                        Fuel.                                               begins].
 
                                                                      * * * * * * *
310 CMR 7.18(1)(a), (c)-(f)..........  U Applicability and           9/14/06      5/29/14  [Insert Federal                  141  Added requirements for
                                        Handling Requirements.                              Register page number                  proper storage of
                                                                                            where the document                    volatile organic
                                                                                            begins].                              compounds.
 
                                                                      * * * * * * *
310 CMR 7.18(2)......................  U Compliance with             9/14/06      5/29/14  [Insert Federal                  141  Addition of daily
                                        Emission Limitations.                               Register page number                  weighted averaging
                                                                                            where the document                    provision.
                                                                                            begins].
 

[[Page 30743]]

 
                                                                      * * * * * * *
310 CMR 7.18(3)(a)...................  U Metal Furniture             9/14/06      5/29/14  [Insert Federal                  141  Minor wording change.
                                        Coating.                                            Register page number
                                                                                            where the document
                                                                                            begins].
 
                                                                      * * * * * * *
310 CMR 7.18(4)(a)...................  U Metal Can Surface           9/14/06      5/29/14  [Insert Federal                  141  Minor wording change.
                                        Coating.                                            Register page number
                                                                                            where the document
                                                                                            begins].
 
                                                                      * * * * * * *
310 CMR 7.18(11)(a)-(d)4.............  U Surface Coating of          9/14/06      5/29/14  [Insert Federal                  141  Wording revision to
                                        Miscellaneous Metal                                 Register page number                  clarify exemption
                                        Parts and Products.                                 where the document                    requirements.
                                                                                            begins].
 
                                                                      * * * * * * *
310 CMR 7.18(19)(h), (i).............  Synthetic Organic             9/14/06      5/29/14  [Insert Federal                  141  Clarification of
                                        Chemical Manufacture.                               Register page number                  quarterly reporting
                                                                                            where the document                    submittal date.
                                                                                            begins].
 
                                                                      * * * * * * *
310 CMR 7.18(20).....................  Emission Control Plans        9/14/06      5/29/14  [Insert Federal                  141  Clarification of
                                        for Implementation                                  Register page number                  exemption
                                        Reasonably Available                                where the document                    requirements, and
                                        Control Technology.                                 begins].                              inclusion of provision
                                                                                                                                  allowing for
                                                                                                                                  additional
                                                                                                                                  requirements such as
                                                                                                                                  stack testing or
                                                                                                                                  emissions monitoring.
 
                                                                      * * * * * * *
310 CMR 7.18(21)(a)-(d), (f)-(i).....  Surface Coating of            9/14/06      5/29/14  [Insert Federal                  141  Added language
                                        Plastic Parts.                                      Register page number                  strengthening
                                                                                            where the document                    compliance
                                                                                            begins].                              obligations.
 
                                                                      * * * * * * *
310 CMR 7.18(22)(a)-(c)..............  Leather Surface Coating.      9/14/06      5/29/14  [Insert Federal                  141  Added language
                                                                                            Register page number                  strengthening
                                                                                            where the document                    compliance
                                                                                            begins].                              obligations.
 
                                                                      * * * * * * *
310 CMR 7.18(23)(b)-(i)..............  Wood Products Surface         9/14/06      5/29/14  [Insert Federal                  141  Added language
                                        Coating.                                            Register page number                  strengthening
                                                                                            where the document                    compliance
                                                                                            begins].                              obligations.
 
                                                                      * * * * * * *
310 CMR 7.18(24)(a)-(c), (h), (i)....  Flat Wood Paneling            9/14/06      5/29/14  [Insert Federal                  141  Added language
                                        Surface Coating.                                    Register page number                  strengthening
                                                                                            where the document                    compliance
                                                                                            begins].                              obligations.
 
                                                                      * * * * * * *
310 CMR 7.18(25)(a)-(c)..............  Offset Lithographic           9/14/06      5/29/14  [Insert Federal                  141  Added language
                                        Printing.                                           Register page number                  strengthening
                                                                                            where the document                    compliance
                                                                                            begins].                              obligations.
 
                                                                      * * * * * * *
310 CMR 7.18(26)(c)-(i)..............  Textile Finishing.......      9/14/06      5/29/14  [Insert Federal                  141  Added language
                                                                                            Register page number                  strengthening
                                                                                            where the document                    compliance
                                                                                            begins].                              obligations.

[[Page 30744]]

 
310 CMR 7.18(27).....................  Coating Mixing Tanks....      9/14/06      5/29/14  [Insert Federal                  141  Minor wording changes
                                                                                            Register page number                  to improve clarity of
                                                                                            where the document                    regulation.
                                                                                            begins].
 
                                                                      * * * * * * *
310 CMR 7.18(28).....................  Automotive Refinishing..      9/14/06      5/29/14  [Insert Federal                  141  New emission limits,
                                                                                            Register page number                  labeling,
                                                                                            where the document                    recordkeeping
                                                                                            begins].                              requirements, and
                                                                                                                                  exemptions added.
 
                                                                      * * * * * * *
310 CMR 7.18(29)(c)(2)...............  Bakeries................      9/14/06      5/29/14  [Insert Federal                  141  Updated cross
                                                                                            Register page number                  reference.
                                                                                            where the document
                                                                                            begins].
 
                                                                      * * * * * * *
310 CMR 7.19(1)(c)(9), (4)(b)(3)d,     NOX RACT................   8/9/01; 1/      5/29/14  [Insert Federal                  141  Updates to sections
 (f), (5)d.                                                            18/02                Register page number                  pertaining to
                                                                                            where the document                    applicability, large
                                                                                            begins].                              boilers, and medium
                                                                                                                                  size boilers.
 
                                                                      * * * * * * *
310 CMR 7.19(13)(a), (c).............  NOX RACT................      9/14/06      5/29/14  [Insert Federal                  141  Updates to
                                                                                            Register page number                  applicability and
                                                                                            where the document                    stack testing
                                                                                            begins].                              requirements.
 
                                                                      * * * * * * *
310 CMR 7.24(1)......................  U Organic Material            9/14/06      5/29/14  [Insert Federal                  141  Updates to requirements
                                        Storage and                                         Register page number                  for organic material
                                        Distribution.                                       where the document                    storage tanks,
                                                                                            begins].                              effective 9/23/05.
 
                                                                      * * * * * * *
310 CMR 7.24(4)......................  U Organic Material            9/14/06      5/29/14  [Insert Federal                  141  Updates to requirements
                                        Storage and                                         Register page number                  for motor vehicle fuel
                                        Distribution.                                       where the document                    tank trucks, effective
                                                                                            begins].                              6/2/06.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
  date.
\2\ The regulations are effective statewide unless otherwise stated in comments or title section.

[FR Doc. 2014-11687 Filed 5-28-14; 8:45 am]
BILLING CODE 6560-50-P
```